Summary: Mr B complains about the Council’s failure to provide him with financial information relating to the cost of his wife’s care. The Ombudsman will not investigate the complaint because there is no evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr B, says he has sought information from the Council concerning the funding of his wife’s care and her contribution to her care home costs but that the Council has refused to provide him with this.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. In considering the complaint I reviewed the information provided by Mr B, including the Council’s response to his complaint. I gave Mr B the opportunity to comment on my draft decision.

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What I found

4. Mr B cared for his wife, Mrs B, for many years before she moved into a care home.
5. Mr B’s two sons hold Enduring Power of Attorney for Mrs B which means they alone are responsible for making decisions and dealing with her finances on her behalf because she cannot do so herself. As such this means that legally the Council cannot provide financial information any other person, including Mr B, apart from his two sons.
6. The Council has explained this to Mr B and suggested to him that he speaks to his sons, and particularly the son who is most involved in dealing with Mrs B’s finances.
7. While Mr B is unhappy with this situation, there is no evidence of fault by the Council as Mr B is not a person to whom the Council can give financial information about Mrs B.
8. Mr B cannot make a complaint to the Council or the Ombudsman on behalf of his wife because this is something that only either of his sons can do.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman